BOA to take up continued appeal review

by Lisa Neff. Islander Reporter

The Bradenton Beach Board of Adjustment on Jan. 7 was expected to continue its review of the timeline in a complaint regarding a building official decision.

The timeline in the filing of the appeal is a consideration in whether the BOA will actually address the merits of the complaint filed by Cynthia Dagher and Mark Mixon against building official decisions that led to a certificate of occupancy for the Sunset Beach Motel and The Beach Club at 2201 Gulf Drive.

Dagher and Mixon have appeared before the BOA multiple times in the past year but not have yet had a hearing on their complaint.

That’s because the BOA has raised concerns that too much time passed before Dagher and Mixon filed a sufficient challenge.

During a meeting in November, the BOA asked for the city and the complainants to gather correspondence on the matter from Nov. 16, when Dagher and Mixon made a first attempt to appeal the certificate of occupancy, to June 26, when they submitted a second more complete appeal.

In their complaint, Dagher and Mixon have made a number of allegations, including:

Construction work at 2201 Gulf Drive was a major development that exceeded the 50-percent rule watched by the Federal Emergency Management Agency.

Air-conditioning units generate too much noise and were improperly placed.

Stormwater runoff from 2201 Gulf Drive now flows to their neighboring property.